GENERAL TERMS AND CONDITIONS, SMARTLOFT APARTMENTS&ART, ARNOLD & KLAUCK GBR
I. POLICY TERRITORY
1. The following generell terms and conditions apply to contracts involving tenancy of apartments as well as all other guest services delivered by ARNOLD & KLAUCK GBR.
2. In case of subleasing of rented apartments as well as other uses of rented apartments other than lodging an approval in written form. by ARNOLD&KLAUCK GBR is needed.
3. Terms and conditions of the tenant will only apply if so determined by contract in written form with ARNOLD&KLAUCK GBR.
II. CONCLUSION OF CONTRACT, PARTNERS, -LIABILITY, LIMITATION
1. The conclusion of the contract is effective by reservation of the tenant and written approval by ARNOLD & KLAUCK GBR.
2. Contracting Parties are ARNOLD & KLAUCK GBR and the tenant. In case of third party reservation, he will be held accountable as co-debtor for all obligations determined by the contract.
3. All claims against ARNOLD & KLAUCK GBR become time-barred one year from the beginning of the regular time of limitation (dependent on acknowledgement) § 199 Abs. 1 BGB. Compensation claims independent from acknowledgement become time barred after five years. Shortenings of the time of limitation do not apply when acted grossly negligent by ARNOLD & KLAUCK GBR or when neglect of duty on the part of ARNOLD & KLAUCK GBR is the case.
III. SERVICES; PRICES; PAYMENT; SUMMATION
1. ARNOLD & KLAUCK GBR is obligated to keep free the reservated apartments for the tenant and ARNOLD & KLAUCK GBR has to fulfill on the aggreed duties signed in the contract.
2. The tenant is obligated to pay ARNOLD & KLAUCK GBR the agreed prices for the lease of apartments and all other services delivered by ARNOLD & KLAUCK GBR in advance at the time of Check-in. This also applies to services initiated by the tenant and expenses of ARNOLD & KLAUCK GBR caused by third parties.
3. The prices according to aggreement include the lawful sales tax.
4. Prices can be changed by ANRNOLD & KLAUCK GBR, when the number of reservated apartments, duration of stay or desired services are changed retroactively by the tenant.
5. Invoices by ARNOLD & KLAUCK GBR without payment date are to be paid within ten days upon receipt of the invoice without discount. ARNOLD & KLAUCK GBR is authorized to declare due for payment outstanding money at any time. In case of delayed payment ARNOLD & KLAUCK GBR is authorized to claim late interest from the debtor in the amount of 8% or 5% (when a consumer is involved) over the base (lending) rate. ARNOLD & KLAUCK GBR reserves the right to prove a higher damage. The tenant reserves the right to prove a lower one.
6. ARNOLD & KLAUCK GBR is authorized to claim deposit in advance, or during conclusion of contract, taking into account lawful rules. All pre-payments and and payment dates are to be concluded in the written contract.
7. The tenant can only charge up against or debase a claim by ARNOLD & KLAUCK GBR when his claim is undisputed or lawful.The price of accommodation in full minus already performed pre-payments is due at day of arrival. Payment can be executed in cash
IV. CANCELLATION OF CONTRACT BY THE TENANT
1. Cancellation of contract requires approval in written form by ARNOLD & KLAUCK GBR. In case of no approval by ARNOLD & KLAUCK GBR, the aggreed price in the contract for services is to be paid full by the tenant even if services were not made use of. This is not the case when ARNOLD & KLAUCK GBR has violated severerly against its duties, to protect consider and respect the tenantīs rights and interests and when it has therefore become unacceptable for the tenant to hold on to the contract or if there exists another lawful rule which grants the tenant his right of cancelation.
2. If so concluded in written contract with ARNOLD & KLAUCK GBR, the tenant can cancel the contract within the determined timeframe and is not held accountable for compensation claims or claims of payment from ARNOLD & KLAUCK GBR. The right to cancel the contract expires, if the tenant fails to cancel in written form within the determined timeframe, except when cancelation of contract is due to number I. 3 (see above).
3. When the tenant has not made use of the services made in his reservation, ARNOLD & KLAUCK GBR is to deduct otherwise made revenues of lodging as well as reduced expenses.
4. ARNOLD & KLAUCK GBR is free to claim the price in full as concluded in the contract and it can over-simplify reduced expenses.
The flat-charge for cases of cancellation from contract amounts to:
- When 31 days in advance of arrival date: 20% of full price
- from 30 days in advance of arrival date: 35% of full price
- from 15 days in advance of arrival date: 50% of full price
- from 7 days in advance of arrival date: 80% of full price
- at arrival date : 100% of full price
The tenant is free to prove, that a damage for ARNOLD & KLAUCK GBR has not occured or that it is rather not as high as claimed.
V. CANCELATION OF CONTRACT BY ARNOLD & KLAUCK GBR
1. In case there was made an aggreement in written form that the tenant has the right to cancel the contract exempt from charges within a certain timeframe, ARNOLD & KLAUCK GBR is empowered to do the same within the determined timeframe, when there exist other requests for rent concerning the same apartments. This is not the case when the tenant has surrendered his right of cancelation of contract.
2. In case the tenant has not paid the deposit which was agreed on in the contract within the timeframe ARNOLD & KLAUCK GBR has determined, ARNOLD & KLAUCK GBR is empowered to cancel the contract.
3. Furthermore ARNOLD & KLAUCK GBR has the right to cancel the contract for factual reasons such as:
- force majeure or other circumstances that prevent the fulfillment of duty as agreed in the contract;
- the apartments have been rented by using misleading or deceptive crucial data concerning e.g. the name of the tenant, or the purpose of rental;
- ARNOLD & KLAUCK GBR has reason to believe that use of services by the tenant will jeopardize business operations, security or the reputation of ARNOLD & KLAUCK GBR in public there exists a violation against clause I no. 2.
4. When cancelation of contract by ARNOLD & KLAUCK GBR is justifiable and lawful, the tenant does not have the right to call for compensation.
VI. ALLOCATION OF APARTMENTS, USE-/ RULES OF THE HOUSE , HANDOVER, RETURN,
1. The tenant aquires the right to claim allocation of his requested category of apartments or the one which are likewise, if the requested one cannot be allocated.
2. The tenant arranges an appointment for handover as well as return of the keys with ARNOLD & KLAUCK GBR in advance via Telefone or e-mail.
3. Reservated apartments are at the tenantīs disposal at 2 pm on arrival date. The tenant does not own the right to claim earlier allocation of apartments.
4. The apartments are to be returned to ARNOLD & KLAUCK GBR by 11am on the day of departure. In case of delayed return of apartments, ARNOLD & KLAUCK GBR can claim compensation:
Return by 18:00 h on day of departure: 50% of listprice
Return after 18:00 on day of departure: 100% of listprice
Contractual claims through this by the tenant are invalid. The tenant is free to prove, that a damage for ARNOLD & KLAUCK GBR has not occured or that it is rather not as high as claimed.
5. The tenant is handed over an apartment in a clean and tidy condition including all inventory items as listed on the inventory index, which is displayed in the apartments. Defects or damages are to be notified to ARNOLD & KLAUCK GBR as soon as detected.
6. The tenant is liable for defects and damages in full, when caused by himself. Thereby resulting costs including loss of further rentals are to compensated for by the tenant.
7. Leaving the apartment: The tenant is reminded to pay attention that all windows, doors and water tabs are closed as well as all electrical appliances are turned off, when leaving the furnished apartment. The apartment is to be left in a clean and tidy condition.
8. The tenant is obliged to comply with rules of the house in which the apartments are situated and also pay attention to the rest periods from 1:00pm – 3:00pm and from 8:00pm – 7:00am.
9. In case of loss of the doorkeys, the tenant is obliged to compensate for a new cylinder lock (€150,-).
VII. LIABILITY OF ARNOLD & KLAUCK GBR
1. ARNOLD & KLAUCK GBR is liable with accuracy of an orderly businessman for her duties signed in the contract. Compensation claims by the tenant are invalid. Hereof excluded are damages such as fatal injury, bodily harm and threat of health when ARNOLD & KLAUCK GBR has violated its duties. Also excluded thereof are other damages when acted grossly negligent or wantonly negligent by ARNOLD & KLAUCK GBR. A violation of duty by ARNOLD & KLAUCK GBR is likewise a violation of duty by a legal agent. Once notified by the tenant about cases of disturbance, ARNOLD & KLAUCK GBR will take action rightaway to find a remedy. The tenant is obliged to contribute reasonably to find a remedy in cases of disturbance in order to mitigate the damage.
2. ARNOLD & Klauck GBR does not assume liability for items brought in by the tenant.
3. Arriving Mails and shipments for the tenant are treated with care and by ARNOLD & KLAUCK GBR who resumes the services of delivery andstorage.
4. The tenant enters the rented apartments at his own risk. ARNOLD & KLAUCK GBR is not acting upon lawful rules and is therefore not liable for damages of bodiliy harm, health or life
1. The tenant is herewith informed about German law § 33 BDSG as well as § TDDSG, and that ARNOLD & KLAUCK GBR will use the tenantīs personal data (name/adress) solely for contractual purposes.
2. ARNOLD & KLAUCK GBR is empowered to disclose the tenantīs data when it becomes necessary to guarantee for the safety and security of business.
IX. FINAL CLAUSES
1. Amendments of the contract, the order confirmation or these general terms by ARNOLD & KLAUCK GBR are to be carried out in written form. One sided amendments by the tenant are invalid.
2. Place of fulfillment and place of payment is the place of business of ARNOLD & KLAUCK GBR
3. Exclusive place of jurisdiction of the commercial sector, also concerning disputes of cheque and money exchange, is Berlin. Provided that the partner of contract fulfills the condition of § 38 clause 1 ZPO, and that he does not have a domestic place of jurisdiction, place of jurisdiction is Berlin as well.
4. Applicable law is the law of the Federal Republic of Germany. Application of UN-commercial law and law of collision is invalid.
5. Salvatorian clause: In case single or several clauses of these general terms should become invalid, the validity of the other clauses is therefrom unaffected. In fact regulations that have become invalid are substituted by ones with likewise economic content. In general the lawful regulations are applied.
ARNOLD & KLAUCK GBR
Berlin, July 2008